Presidential Proclamation in Immigration

Effective April 23, 2020 at 11:59 PM EDT, President Trump’s proclamation went into effect suspending the entry into the United States of immigrant individuals for at least 60 days who are:

• Not in possession of a valid immigrant visa as of April 23, 2020,
• Outside the United States as of April 23, 2020, and
• Does not have a valid travel document issued as of as of April 23, 2020 or thereafter.

 
The proclamation may be extended or altered. As of this time, the following individuals are exempt from the proclamation:

• Lawful permanent residents (green card holders);
• Individuals, along with their spouses and children, who are seeking to enter the United States on an immigrant visa as a healthcare professional in order to perform medical research or other work essential to combatting COVID-19 (as determined by the Department of Homeland Security (DHS) and the Department of State (DOS));
• Individuals who would further important United States law enforcement objectives (as determined by DHS and DOS);
• Members of the U.S. Armed Forces and their spouses and children;
• Afghan and Iraqi nationals who were translators/interpreters or employed by the U.S. government and their spouses or children seeking entry pursuant to a Special Immigrant Visa;
• Individuals applying for a visa to enter the United States as part of the EB-5 immigrant investor visa program;
• Spouses and children under the age of 21 of United States citizens, including prospective adoptees on an IR-4 or IH-4 visa; and
• Individuals whose entry would be in the national interest (as determined by DHS and DOS).

 
Non-immigrant visa holders and asylum seekers are NOT prohibited from coming to the United States by the proclamation.

• Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. DOS intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
• U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least June 4, 2020, but continues to accept and process applications and petitions, including applications requesting an extension or change of status.
• The United States borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
• With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
• The Presidential Proclamation requires a review of temporary visa programs within 30 days and compilation of recommendations to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of United States workers.